MADHUBAN VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the Appellant-Madhuban Verma against the judgment and order dated 22.12.1981, passed by the Additional District and Sessions Judge, Faizabad in S.T. No. 150 of 1979, whereby the Appellant has been found guilty and convicted under Sections 302, 323 and 394, I.P.C. and has been sentenced to undergo rigorous imprisonment for life under Section 302, I.P.C. for four years under Section 394, I.P.C. and nine months under Section 323 I.P.C. All the sentences have been directed to run concurrently.

(2.) The facts of the case as disclosed in the First Information Report (Ex. Ka-1) lodged on 16th March, 1976 are that the informant Sri Nath Singh (P.W. 1) was living with his brother Jairam Singh in the railway quarter at Darshan Nagar, where he was posted as Assistant Station Master. At that time, the informant was a law student in Saket Degree College, Ayodhya. The accused Madhuban Verma was posted as waterman at Darshan Nagar Railway Station, which is near to Faizabad Railway Station. A few days prior to the incident, Madhuban Verma was beaten by some students and he was under the impression that he was beated at the instance of the informant and his brother Jairam Singh. Madhuban Verma wanted to take revenge and had expressed his desire to that effect to several persons and on that account was nurturing enmity with Jairam Singh. Accused was living with Hoob Lal Verma who was posted as Station Master, Darshan Nagar and was also doing his domestic work. He used to sleep at his place. Another brother of informant one Vishwanath and one Ambika Verma were candidates for the post of Lecturer in the College and Ambika Verma used to visit Hoob Lal Verma. Ambika Verma and Madhuban Verma were on friendly terms. Informant's brother Jairam Singh was making efforts to get Vishwanath selected.

(3.) According to the informant, his brother Jairam Singh had gone out in connection with Appellant's selection and he returned in the night of 15.11.1976 and reached his quarter from Faizabad. After taking his food, he slept in the room with his wife and his son Akhilesh Singh alias Sanjay Singh. The informant was sleeping in the adjoining room with a common door. At about 12.30 in the night, the informant heard cries of his nephew and sister-in-law and after opening the door, came in that room and saw that his brother and nephew were being attacked by four persons by the rare side of axe. When he tried to intervene, he was also beaten. At that time, electric light was burning in both the rooms and the verandah. He and his sister-in-law identified Madhuban Verma, the waterman. The other three assailants were unknown to them from before. At the noise, the neighbours came and saw assailants running away. The informant apprehended that the incident occurred because of the enmity on account of dispute concerning selection of lecturer and the earlier incident of beating of the Appellant. His brother Jairam Singh died at the spot and his nephew received serious injuries. Sri Nath Singh scribed the report and sent it through one Bhola and Dayanand to Police Station Ayodhya, District Faizabad. He himself took the injured Akhilesh alias Sanjay to Faizabad by train.